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2001 Supreme(Cal) 567

Amit Talukdar
Gourhari Bhakta – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Sukhdeb Chatterjee for the petitioners;
Learned Addl. Public Prosecutor & learned Jr. Govt. Advocate for the State.

JUDGMENT

Amit Talukdar, J.: For quashing of the proceeding being G.R. Case No. No. 700 of 1992 arising out of Shyampore Police Station Case No. 102/92 dated 26.12.92 under sections 3 and 7 of the Immoral Traffic (Prevention) Act, 1956 this revisional application has been filed and also against the order dated 03.1.94 passed by the learned Sub-Divisional Judicial Magistrate, Uluberia in connection with the said case.

2. The main question involved in this revisional application relates to submission of a charge-sheet filed by the Sub-Inspector of Police attached to the Shyampore Police Station, who was not authorised to do so and the attention of the learned Magistrate having been drawn to the said fact with a prayer for setting aside the order of cognizance taken on the basis of such charge-sheet being turned down by the learned Magistrate whether the said order can be sustained.

3. The learned lawyer appearing in support of the application has referred to the provisions of section 13 of the Immoral Traffic (Prevention) Act, 1956 (the said Act, for brevity) and showed that the Sub-Inspector of Police was not authorised to submit the charge-sheet and as the same was done by a Sub-Inspec

























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